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Texas Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Texas on
Q: As a dad that has been divorced for 3 years, I have questions on my rights because it seems like i have none.

my son lived with me for 2 years and I did not recieve any financial help from the mother. Now he lives with her and the Attorney general is taking more than 50% of my paycheck to pay back what they think I owe for the 2 years he was with me. I have zero problem paying my child support I just cant... View More

Jon R. Boyd
Jon R. Boyd
answered on Dec 9, 2019

I understand.

You really need to just talk to a lawyer for an hour, let me/him/her read your prior order, answer your questions and make recommendations.

I've been helping Fathers for 25 years. I'd be glad to help if you want to call me office and set up a time to...
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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Federal Crimes and Landlord - Tenant for Texas on
Q: I have had tree individuals who have collaborated together and managed to get access to all my things legal,bank, leases

Bruce GArrison a attorney, Eden Mckenney, Hugo Salguero managed to hack into my bank account taking thousands of dollars and transferring the money directly into there personal accounts. The destroyed all Video surveillance before helping themselves to whatever they wanted including but barely... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 31, 2019

Your story seems over-the-top but I seem to recall that there was an attorney named Bruce Garrison who was forced to give up his law license about 10 years ago in Austin so I am inclined to give you the benefit of the doubt.

The text of your question is so mixed up that I'm not even...
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2 Answers | Asked in Foreclosure, Real Estate Law, Arbitration / Mediation Law and Banking for Texas on
Q: If someone passes away with a mortgage can their children just give the house back to the bank and walk away?

The bank is saying the family has to keep paying the mortgage until the house is sold. She had cancer and there is no life insurance or money left in her account. They are also saying we are responsible for selling the house

Samuel B. Edwards
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Samuel B. Edwards
answered on Jul 20, 2019

Generally, yes, you can turn the house back over to the bank. The bank would typically have you sign a deed in lieu of foreclosure form. However, that is often not the best option. There are investors who specialize in buying properties "subject to" an existing mortgage and they will... View More

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Business Law for Texas on
Q: I was given a warranty deed but I'm confused if it is only for the real estate or is personal property included?

The family has said they are going to auction his personal belongings however there is a lien on the property and also back taxes how can the money made go towards those items or do I need to try to go through probate? I'm not sure what that really is but this is all pretty confusing

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 12, 2019

A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than... View More

2 Answers | Asked in Arbitration / Mediation Law for Texas on
Q: Are arbitration hearings always secret?
Thomas A. Grossman
Thomas A. Grossman
answered on Nov 16, 2018

They are not secret, but much of the information each side uses to prove his of her case is not necessarily open for review. If you have a key piece of evidence that favors you, you would want the other side to see it. Visa/Versa. An Arbitration is like a mini-trial, and both sides should come... View More

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1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: How do arbitrators get paid? Do both sides put in an equal amount of money?
Tim Akpinar
Tim Akpinar
answered on Oct 23, 2018

It can depend on the forum. In some settings, one side may pay costs, as in the case of certain insurance arbitrations.

Tim Akpinar

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: Are all mediators/arbitrators attorneys?
Tim Akpinar
Tim Akpinar
answered on Oct 12, 2018

I do not practice in Texas, but your question has remained unanswered for four weeks. I can’t speak specifically for Texas, but in general, many arbitrators and mediators tend to be attorneys. However, there are also non-attorney mediators and arbitrators who preside over disputes. It can depend... View More

1 Answer | Asked in Estate Planning, Arbitration / Mediation Law, Civil Litigation and Probate for Texas on
Q: What kind of attorney do I need?

My father died intestate and my sister was appointed administrator. Long story short she wants everything and on top of that is suing me for 7500.00 in civil court. Ive managed to represent myself to this point but its getting more difficult. She has done things so wrong and barred me from the... View More

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Sep 14, 2018

For civil court you need a trial attorney. For probate court you need a type of trial attorney called a fiduciary litigator. Contact your local bar association or lawyer referral service.

1 Answer | Asked in Car Accidents, Contracts, Products Liability and Arbitration / Mediation Law for Texas on
Q: I was driving for lyft and someone hit the car I was renting through flexdrive whose partnering with lyft.

The client and Geico has taken full responsibility from day one. Flexdrive has not been cooperative to this fact seeing that I still have a hold on my account through Lyft. They have ruined my life. Got in the way of my potential earnings. Lyft was my main source of income. I have also not been... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 21, 2018

Classic problem with any rental institution. You are on the hook so it's easiest to keep busting your chops. As they are involved with lyft you may want to look for an attorney who handles employment cases and insurance "bad faith" cases and is a member of the Texas Trial Lawyers Association

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: Is it better to file a claim with my city's labor board and go through mediation if my employer fired me without sending

my final paycheck or should I sue? The amount isn't high but I want what I'm owed.

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 25, 2018

You can try suing your employer in Small Claims Court. It is not very expensive. I don't know the rules for Small Claims Court in Texas, but you can call a local Superior Court and they usually have a section on how to file Small Claims actions.

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: Someone asked me to testify at an arbitration proceeding but I don't want to. Am I required by law to show up?
Thomas A. Grossman
Thomas A. Grossman
answered on Jul 5, 2018

I must answer your question under California law, as I don't know Texas law. I presume that you only have to testify if you are subpoenaed to do so. If you are not subpoenaed, you can still show up if you want to. If you are subpoenaed and do not show up at the Arbitration Hearing, it is... View More

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: What does it mean if your arbitration proceeding is binding?
Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 14, 2018

If the parties had agreed to a binding arbitration, the end result is just that-the decision is binding without judicial review. If the arbitrator awarded damages or some money remedy, the party assessed is usually given a set time limit in which to comply or pay the award. If not, the other side,... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Texas on
Q: My conflict calls for arbitration but the defendant has defrauded my company. I want to file a lawsuit. can I?

My business hired another business to make my product and the contract says it will be settled by mediation and arbitration. The defendant took my money violated my Non Disclosure Agreement and never made the product. I want to file a law suit but still go to mediation. How can an arbitrator... View More

Jack Ternan
Jack Ternan
answered on Nov 20, 2017

Arbitrators can address fraud claims and enter an award for fraudulent conduct. An attorney would need to see your arbitration agreement to advise whether it is possible to avoid arbitration. Also, it is possible to file a lawsuit and force the other side to expend resources to compel arbitration... View More

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: Is arbitration a good way to settle a dispute over ownership.

mother in law set up a trust in massachusetts.........then she moved to texas she bought property in texas that is in that trust person who has control of the trust is not a family member. Can we go into arbitration with that person so that we can keep the property mother in law bought.?

Jack Ternan
Jack Ternan
answered on Nov 20, 2017

The answer to this question depends on the terms of the trust agreement (or any other contract that might contain an arbitration clause). Unless there's an agreement to arbitrate, you cannot force the other side to arbitrate. Depending on the issue, it may not be beneficial for any side to... View More

1 Answer | Asked in Workers' Compensation and Arbitration / Mediation Law for Texas on
Q: I was injured 2/2013. Adjuster appvd meds, tests and 1 surgical treatment that didn't work. I need help!

No impairment rating, no MMI that I am aware. I believe adjuster strung out claim to exceed important dates, any recourse?

Roy Lee Warren
Roy Lee Warren
answered on Jun 13, 2017

Surely, there is no time limit on getting MMI/IR so you can call the Division of WC and ask to have a DD appointed to perform the certifying exam to get that assigned. Good luck to you.

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Texas on
Q: can you please tell me how to make a formal complaint to the state bar asociation or direct me to the right person to

speak with concerning a family trust atourney in Burmingham that has ben, self dealing, for over a year, reffusel to help any of 3 benificiarys and refuses to produce any tax records, reciepts or any answer to family about multible assets,property,and or explination to the whereabouts of 1.3... View More

Tammy L. Wincott
Tammy L. Wincott
answered on May 22, 2017

Here's a link that may help. https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656 - you may have to copy and paste it in your browser.

In addition or as an alternative, perhaps you could seek assistance of separate...
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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Landlord - Tenant and Small Claims for Texas on
Q: Is my girlfriend entitled to half my property if it is still owed and she has contributed to payments and maintenance?

The property is under my name only and was purchased before I met her. I am filing an eviction suit because she refuses to leave and claims she has rights. To my understanding, she has "tenant" rights, because she resides here I have to give her a certain time to vacate the premises and... View More

Ross F. Tew
Ross F. Tew
answered on Feb 16, 2017

It sounds like the two of you could sort this out with a mediator's input. I doubt she will agree to anything if she is not paid back, at least in part, for any contributions she has made to the purchase or improvement of property.

1 Answer | Asked in Civil Litigation, Small Claims and Arbitration / Mediation Law for Texas on
Q: Is there a way to return property to the owner without suing someone through civil courts, like a third-party mediator?

Currently, someone is in possession of our laptop but the PD has said it is a civil matter, not criminal. We would like to retrieve it without having to sue for the property, but the person currently in possession has not been entirely cooperative. Is this something we can mediate without having to... View More

Ross F. Tew
Ross F. Tew
answered on Feb 16, 2017

An attorney could send a demand and explain the next steps he or she would take if the property is not returned. Mediation would be appropriate if both parties have claims against each other, so there can be some trade-off and negotiation. If all that is at issue is the laptop I would have your... View More

1 Answer | Asked in Small Claims, Family Law, Personal Injury and Arbitration / Mediation Law for Texas on
Q: I pawned items with my ex, but the pawn ticket is in my name. Do I own the items if I pay the loan off?

There are items we purchased for ourselves and items we purchased for each other. We haven't spoken since he domestically assaulted me, for which I filed a police report and charges. I want to get my items out of the pawn shop, but I cannot take just one or two items from a ticket. I... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 29, 2016

You can see what the shop will do. If you pay get an itemized list. It'd be hard to separate out what got valued so my advice is make a clean break and 1)pay and keep your stuff 2) either give him his items or give them with a copy of the receipt showing what you paid and a polite request for... View More

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: If a case, composed of 5 causes of action, goes to trial and 2 of the claims are dismissed, can a party arbitrate those?

If a case, composed of 5 causes of action, goes to trial and 2 of the claims are dismissed, and a party moves to compel aribtration, can the 2 claims that were dismissed be arbitrated?

Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

Generally speaking, if claims are dismissed with prejudice, they are gone unless the dismissal is appealed. A TX lawyer can verify.

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